"No question about it. All kinds of things, she didn't physically witness any molestation, but clearly body language, affect, they way they talked to each other, the way they acted around each other, the conversation she had with Laurie Fine there's no question...

"The way would do things, they way they would watch TV, the way they would eat food together, the way they would suddenly disappear together." Fitzpatrick went on to tell Tuchman about conversations the former nanny had with Laurie Fine.

"Laurie Fine had numerous conversations with her. The gist of the conversations were, 'I don't have the right parts for Bernie,' and clearly indicating, and you recognize the hearsay implications in this, but clearly recognizing that Laurie Fine was of the opinion that Bernie Fine was gay, and that they were leading two separate lives under the same house."

The DA told CNN that they are still trying to locate another witness. Fitzpatrick said that there was a housekeeper who saw allegedly saw Fine and Davis in a compromising position.

Fitzpatrick said Wednesday that Bernie Fine will not face sex abuse charges resulting from Davis and Lang's allegations because the statute of limitations had run out in New York State. New York State lawmakers are considering reforming state child abuse laws in light of this case.